Ask Us: Can you legally text while driving but not watching the road?

Q: What is a state trooper supposed to do if he or she sees a texting motorist driving without touching the steering wheel and not looking at the road?

A: The texting while driving legislation did not pass in this year's session of the Legislature, and because there is no law, there is no violation, said state trooper Sgt. Steve Jarrett, a spokesman for the Department of Public Safety.

State law does not require a motorist to have two hands on the steering wheel, he said, and there is no law specifically requiring a driver to keep his or her eyes on the road.

But a trooper could pull over a texting motorist driving erratically and issue a citation for reckless driving, which is wanton and reckless disregard for public safety, said Jarrett. Then it would be up to a judge or jury to decide whether the driver was guilty.

A motorist who is texting and weaving or changing lanes without using a turn signal could be cited for improper lane usage or changing lanes without a signal.